AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM ~QUEST FORM
Requested City Commission Date Final Forn' \1ust be Turned Requested City Commission Date Final Form M"ct be Turned
Meetin2 Dates in to City ~' !er' 5 Office Meetin2 Dates tv Mana ' Office
0 May 6. 1997 April 25, 1997 (Ii' In) 0 July I, 1997 Jur, 997 (noOl.
181 May 20, 1997 May 9, 1997 (noon) 0 July 15, 1997 July 3, 1997 (Thursday noon)
o June 3,1997 May 23, 1997 (noon) 0 August 5, 1997 July 25, 1997 (noon)
o June 17, 1997 June 6, 1997 (noon) 0 August 19, 1997 August 8, 1997 (noon)
RECOMMENDATION: Please place the request below on the May 20, 1997 City Commission meeting under
Development Plans.
The Planning and Development Board, with a 7-0 vote, recommends approval of the Cooker Bar & Grille restaurant site
plan, subject to all staff comments in Exhibit "C" - Conditions of Approval (see attached), except for revisions to #19, #25
and #26 relative to dumpster wall height, light ftxtures, and signage. In addition, the Board recommends two new comments
regarding mulch type and ftlling in existing hedge gaps. For further details pertaining to this request, see attached Planning
and Zoning Department Memorandum No. 97-205.
EXPLANATION:
PROJECT: Cooker Bar & Grille Restaurant
AGENT: David A. Donaldson
OWNER: Cooker Restaurant Corporation
LOCA nON: 333 North Congress Avenue (west side of Congress Avenue, south of the Boynton C-16 Canal).
DESCRIPTION: Request for site plan approval to construct a 7,886 square foot restaurant and associated parking on 1.68
acr's of land.
PROGRAM IMP ACT:
N/A
FISCAL IMP ACT:
N/A
ALTERNATIVES:
N/A
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City Manager's Signature
Planning and Zoning
Department Name
\\Ch\main\SHRDA T A \Planning\SHARED\ WP\PROJECTS\COOKER\NWSP\Agenda Item Request.doc
PLANNING AND ZONING DEPARTMENT
MEMORANDUM #97-205
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
May 13, 1997
DESCRIPTION OF PROJECT
Project Name:
Cooker Bar and Grille restaurant
Applicant:
Cunningham-Limp of Florida, Inc,
Agent:
David A. Donaldson
Owner:
ASK Ventures, Incorporated, Boca Raton
location:
West side of Congress Avenue, just south of Boynton C-16 Canal
File No.:
NWSP 97-007
land Use Plan
Designation:
Local Retail Commercial (LRC)
Zoning
Designation:
Community Commercial district (C-3)
Type of Use:
Restaurant
Number of
Units:
Not applicable
Area:
Site Area:
Building Area:
1.68 acres
7,886 square feet
Surrounding land
uses and Zoning
District: (see Exhibit "A" - location map)
North -
Boynton C-16 Canal right-of-way and farther north is
the Catalina Center Holiday Inn complex, zoned C-3
South -
Republic Security Bank, zoned C-3
East -
Congress Avenue right-of-way and farther east is
undeveloped land, zoned R-1AA
..
West -
Boynton Beach Mall, zoned C-3
Existing Site
Characteristics:
The west part of the site is developed and contains the following
structures ancillary to the adjacent Republic Security Bank Building
. pump house,
· emergency generator building, and
· dumpster
The above structures are served by a paved access drive leading
from the adjacent bank property and parking.
Page 2
Site Plan Review Staff Report
Memorandum #97-205
Cooker Bar and Grille Restaurant
Proposed
Development:
Concurrency:
a. Traffic
b. Drainage-
Driveways:
Parking Facility:
Landscaping:
..
Building and Site
Regulations:
The developer is proposing construction of a 7,886 sq. ft.
restaurant on a 1.68 acre parcel of land south of the Boynton C-16
Canal and west of Congress Avenue (see Exhibit "B" - proposed
site plan). The restaurant will contain 224 seats. The parking
associated with this development will contain 136 parking spaces,
including five handicap accessible spaces, as required by the ADA.
A traffic statement was prepared and sent to the Palm
Beach County Traffic Division for evaluation. It was
determined that the traffic generated by this project meets
the Traffic Performance Standards of Palm Beach County
and no off-site improvements are warranted as a result of
this construction.
According to the applicant's engineer, the site drainage, as a
part of the Boynton Beach Mall drainage system, was
presented to, and approved by the South Florida Water
Management District. Certification by the developer's
engineer is required stating that the drainage system
complies with all applicable city codes and standards. The
Engineering Division is recommending that this be
postponed to time of permit review,
There is an existing 24 feet wide ingress/egress access drive onto
Congress Avenue just south of the restaurant property. The
access drive will be used as a shared access between the
proposed restaurant and the existing bank located south of the
restaurant. The off-site access drive provides a connection to a
loop-shaped parking aisle serving the parking facility for the bank
and restaurant.
There are 136 parking spaces to be provided for this use including
five handicap accessible spaces as required by the ADA. This
meets the minimum standard of 90 parking spaces required by the
Land Development Regulations, Chapter 2 - Zoning for the size
and use of the building proposed.
There are trees and a hedge located on the adjacent property
already in place that the applicant wishes to receive credit for with
respect to perimeter landscape buffer requirements. The petitioner
needs to verify that this material meets the city requirements and
design standards. Also, minor modifications are needed to
properly screen the proposed dumpster, Landscaping will fully
meet the code requirements when staff comments are
incorporated,
Building and site regulations will fully meet the code requirements
when staff comments are incorporated.
Community Design
Plan: The building is facing a major arterial street, Congress Avenue,
providing good exposure and visibility of the business. The building
walls are finished with a combination of beige stucco and red-
brown brick, The entrance and the belvedere structure are covered
Page 3
Site Plan Review Staff Report
Memorandum #97-205
Cooker Bar and Grille Restaurant
with a dark green, standing seam metal roof. The balance of the
restaurant is covered with a flat roof. Windows adjacent to the
seating area are decorated with canvas awnings having a red-
green striped pattern.
The architectural character of the building, as well as the use of the
combination of stucco and brick as a wall finish, makes this building
architecturally compatible with the adjoining buildings, especially
with the architecture of the Catalina Shopping center located north
of the Boynton Canal.
Signage:
Signage, although requested by staff and required to be submitted
at time of site plan approval, was not submitted with this site plan,
It is recommended that signs be approved administratively, subject
to compliance with the Land Development Regulations.
RECOMMENDA TION:
The Planning and Zoning Department recommends approval of this site plan request,
subject to the comments included in Exhibit C - Conditions of Approval. The Technical
Review Committee recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permit.
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ISIWPIPROJECTSICOOKERINWSPIP&D STAFF REPORT.cook,doc
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EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Cooker Bar & Grill
File number: NWSP 97-007
Reference: The plans consist of 9 sheets identified as 1 st Review. New Site Plan. File # NWSP 97-
007 with a March 17. 1997 Plannina and Zonina Department date stamp markina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
1. Plan shall specify meter size and location, (Sec. 26.16)).
2. A capacity reservation fee will be required within thirty (3D) days
of City Commission approval, or upon request for Utility
Department signature on the HRSIDEP permit applications. The
fee amount will be determined based upon meter size or
expected demand, {Sec. 26-34[E].
3, Palm Beach Health Department permit will be required, (Sec. 26-
12).
4. City water will not be supplied for irrigation. Please show source
and location on your plans, (City Compo Plan, Policy 3C.3.4).
5. Utilities requests a meeting with the project engineer to discuss
alternate locations of the proposed water main to minimize
conflicts with the proposed landscaping.
FIRE
Comments:
6. No portion of any building shall be over 200' from a fire hydrant.
Insure all turns have a 50' radius so that fire apparatus can
maneuver around the building.
POLICE
Comments:
7. Show pavement stripings for traffic control (stop bars, stop signs,
etc.).
DEPARTMENT OF DEVELOPMENT
Comments:
8, All plans submitted for specific permits shall meet the city's code
requirements at time of application. These permits include, but
are not limited to the following; site lighting, paving, drainage,
curbing, landscaping, irrigation and traffic control devices.
Permits required from agencies such as the FDOT, PBC,
SFWMD and any other permitting agency shall be included with
any permit request. Chap.1. Art.l, Sec.6, pag.A, pg.1-3.
9, County road entrance sign requires PBC approval and state road
entrance sign requires FDOT approval.
10, Provide certification by developer's engineer that drainage plan
complies with all city codes and standards. Chap.6, Art.v, Sec.5A,
pg.6-7 and Chap.23, Art.IIF, pg.23-8.
11. Provide details for pavement, grates, pipes, catch basins, etc.
Chap.6, Art.v, SecAB2e, pg.6-20.
12. Stormwater shall be contained on site. Provide for the retainment
of the first one-half inch of stormwater runoff prior to conveyance
to offsite receiving waters, Chap.23, Art.IIF, pg.23-8 and Chap.6,
Art.IV, Sec. 58, pg.6-8.
13. Specify clear sight triangles at all driveways and adjust landscape
plan if needed, Chap,7.5, Art.lI, Sec,5H2, pg.7,5-17.
14. Align access paths from sidewalks with HIC accessible paths
including stop bars and signs. Chap.23, Art.I, Sec.1B5, pg.23-1
Page 2
Cooker Bar and Grill
File No. NWSP 97-007
DEPARTMENTS INCLUDE REJECT
and Section 4.3 of the Florida Accessibility Code, pg. 23,
1S. Provide stop signs and stop bars in accordance with the "Manual
on Uniform Traffic Control Devices". Chap.23, Art,IIB2, pg.23-7.
16. It is recommended that the width of the perimeter sidewalk be
increased from S' to 7' and the wheel stops be eliminated.
17, It is recommended that the width of the H/C access path on the
southernmost H/C stall be reduced from 8' to S' and standard
stalls made slightly wider, (The 12' wide H/C stall and S' wide
path meets criteria of a "universal stall" which includes "van
accessible stalls"), Also the wider 8' path creates the impression
of being a separate parking stall.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
None
PLANNING AND ZONING
Comments:
18. Any roof top equipment will have to be screened from view at a
distance of 600 feet. If such equipment is planned, indicate its
location and the height of the equipment above the roof level.
Provide elevations of the structure showing the roof top
equipment and the required screening (all reduced to a small
scale) and draw in on these elevations the lines-of-sight
connecting the highest point of the equipment with eye level from
a distance of 600 hundred feet from the building (LOR, Chapter 9,
Section 11,E). If no roof top equipment is planned, make an
appropriate notation on sheets A-4 and A-S.
19. Provide a detailed drawing of a dumpster enclosure meeting the
design standards as described in LOR, Chapter 9, Section 10.C
and Chapter 7.S, Article II, Section 5.J. The dumpster walls
shown on sheet A-4 indicate a height in excess of the allowed 6
feet. Correct the drawings to depict the appropriate height of the
dumpster walls of 6 feet.
20. Eliminate inconsistencies between the landscape plan and the
site plan with respect to dumpster location and its configuration
on the site.
21. Lighting shall be shown on the landscape plan to eliminate
potential conflicts with landscape material and existing on-site
and/or proposed easements.
22. Indicate the use of the building in the northwest corner of the
property.
23. On the Landscape Plan, Sheet 2 of 2, provide a tabular summary
of the planting material to include a "landscape material required
by the code" category, Also, provide relevant calculations for this
category. For the landscape buffer adjacent to rights-of way and
along abutting properties, provide perimeter distances of the
parcel for which the landscape buffer material is being calculated
(Chapter 7,S, Article II - Landscape Code).
24. Incorporate the above calculation into the tabulation of the
landscape material provided for the site. All native species shall
be distinguished from non-native species with a recognizable
symbol. The native requirement is fifty percent of the required
landscape planting (Comprehensive Plan Policy 4.4.6),
2S, Eliminate back lit awnings and lighting fixtures directing lighting
on the awnings (LOR, Chapter 9, Section 10.F.5).
26, Provide information regarding size, design and color of
proposed signs on the property, It is recommended that signs
Page 3
Cooker Bar and Grill
File No. NWSP 97-007
DEPARTMENTS INCLUDE REJECT
be approved administratively, subject to compliance with LOR.
27. Remove the proposed sign from the 20 feet wide utility
easement along Congress Avenue.
28. Provide for staff review a cross easement and parking agreement
to allow shared common access from Congress Avenue for both
properties: the subject property and the property located
immediately to the south of the subject property.
29. The above ground transformer structure located south of the
restaurant building shall be screened, as a service area, at
minimum, with an 18 inch high hedge (at the time of planting) and,
after reaching its maturity, maintained at a height of six feet.
30, Vehicular use areas shall be screened from adjacent rights-of-
way with a vegetative buffer, as required by LOR, Chapter 7,5,
Article II, Section 5.E. If such landscape material already exists
on adjacent lots, the on-site buffer requirement can be waived,
but only when this existing landscape buffer meets the city
standards, Existing vegetative buffers along the east, north and
west property lines do not meet the fifty percent native species
requirement as mandated by Comprehensive Plan Policy 4.4.6.
In addition to the existing off-site landscape material credited
towards the required peripheral, vegetative buffer provide
sufficient, on-site, landscape material (for both trees and hedge)
to meet the 50 percent requirement.
31. Verify on the permit set of drawings that the "back-up" space for
the parking stalls located south of the proposed restaurant meets
the minimum city standard of 27 feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
32. Reword comment #19 as follows: Walls of the dumpster
enclosure that are located within the buildable area of the site
may exceed six (6) feet, however, they shall not exceed the
height of the walls of the proposed restaurant building.
33, Reword comment #25 as follows: Wall mounted fixtures that
direct illumination onto the walls of the building and/or adjacent
sidewalk are acceptable. However, no fixture shall be directed to
illuminate the underside of the proposed awnings,
34. Reword comment #26 as follows: Signs shall not be approved
administratively and shall be submitted as a future major site plan
modification for review by the Planning and Development Board.
35. Indicate on the landscape plan a type of mulch other than
cypress.
36. The gaps in the required, existing perimeter landscaping shall be
filled in.
ADDITIONAL CITY COMMISSION CONDITIONS
37. To be determined.
MEH:dim
\\SWP\PROJECTS\COOKER\NWSP\cond. of approval.doc
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16,1997
requirement. Commissiener Bradley said his point was not to talk about this particular project,
but rather the process.
Mayor Taylor pointed out that when the Planning & Development Board approved the Cooker
Restaurant site plan, they specified that the dumpster enclosure was to be covered so that the
people at the bank would not have to look down at the trash, The applicant agreed to this
condition, but they have not installed that cover because the Code does not require a cover.
Ms. Heyden explained that when staff researched what took place at the Planning &
Development Board meeting, they found that the applicant was willing to accommodate the
neighbor by putting a cover over the dumpster. Because of the design of the enclosure, the
walls would have to have been raised, and because the dumpster is in the setback, the walls
could not be higher than 6'. The Planning & Development Board asked the applicant to work
with staff to move the enclosure back and have the walls high enough to allow a cover. The
board members did not tell them to put a cover on it because the applicant voluntarily offered to
do that. When the applicant submitted the permit, he changed his mind and did not put a cover
on the enclosure,
It was Mayor Taylor's opinion that it was the full intention of the Planning & Development Board
that there would be a cover,
Ms, Heyden explained that the issue of staff recommendations would be one of the topics for an
upcoming workshop meeting. We will discuss whether or not the City can compel an applicant
to comply with staff or Commission conditions that are not Code requirements.
Attorney Cherof advised that this issue has been debated for a long time. This issue will be
coming back to the Commission in the future.
Mayor Taylor feels that if the Commission approves a project based on certain conditions, that
approval should be null and void if the conditions are not met. The Commission is only
approving the project because there is an understanding that the applicant has agreed to the
conditions,
Attorney Cherof feels the Commission must make a determination as ~o whether or not to
approve items that are not required by Code, or to amend the Code to include a provision so
that it will not have to be dealt with in the future, Attorney Cherof is uncomfortable dealing with
conditions that have no basis in the Code.
Mayor Taylor said he would want to see something in the Code that states the applicant is
required to comply with any conditions the Commission approves.
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 9:00 p.m.
20
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
ATTEST:
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Ci Clerk
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(Three Tapes)
j:lshrdata\cclwp\minutes\comm\121697.doc
DECEMBER 16,1997
CITY OF BOYNTON BEACH
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21
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, DECEMBER 16,1997, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Jamie Titcomb, Vice Mayor
Matt Bradley, Commissioner
Henderson Tillman, Commissioner
Kerry Willis, City Manager
Jim Cherot, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B, Invocation - Reverend Charles Brannon - Gateway Community Church
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:37 p,m. Reverend Brannon offered the
invocation, followed by the Pledge of Allegiance to the Flag,
D, Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Cherot recommended that Consent Agenda Item IV-D,1, "New Site Plan for Alhambra
North" be deleted from the agenda and brought back when the applicant is ready to move
forward.
Mayor Taylor confirmed with Attorney Cheraf that a separate motion to delete this item was not
necessary, The deletion of this item will be part of the overall motion for approval of the
Consent Agenda,
City Manager Willis requested the addition of Item V-D, "Report on United Way Campaign",
Commissioner Bradley requested the addition of Item XIII-A, "Brief Discussion on Variances".
Mayor Taylor requested the addition of Item X-D, "Discussion on Speed Humps",
2. Adoption
Commissioner Bradley moved approval of the agenda as amended. Vice Mayor Titcomb
seconded the motion that carried 4-0. Mayor Taylor announced that Commissioner Jaskiewicz
is out of the country,
II. ADMINISTRATIVE:
A. ;\ccept resignation....ot .~im Golden, Regular Member. Planning & Development
Board
Vice Mayor Titcomb moved to accept the resignation with regrets, Commissioner Bradley
seconded the motion that carried 4-0.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
B. Appointments to be made:
Appointment
To Be Made
IV Tillman
III Jaskiewicz.
IV Tillman.
II Bradley.
IV Tillman.
MayorTaylor
I Titcomb
II Bradley
III Jaskiewicz
III Jaskiewicz
IV Tillman
MayorTaylor.
II Bradley
IV Tillman
MayorTaylor
III Jaskiewicz
IV Tillman
III Jaskiewicz
Board
Building Bd. of Adj. & Appeals
Code Enforcement Board
Code Enforcement Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Education Advisory Board
Education Advisory Board
Library Board
Library Board
S.H,I.P, Affordable Housing
S.H.I.P. Affordable Housing
Adv, Bd. Children & Youth
Adv. Bd. Children & Youth
Planning & Development
Reg
Alt
Alt
Alt
Alt
Reg
Reg
Reg
Reg
Reg
Alt
Alt
Alt
Alt
Alt
Alt
Alt
Reg
DECEMBER 16, 1997
Lengtf"\ of Term
Expiration Date
3 yr term to 4/00TABLED-2
1 yr term to 4/98T ABLED-3
1 yr term to 9/98T ABLED-3
1 yr term to 4/98T ABLED-3
1 yr term to 4/98TABLED-3
3 yr term to 4/00T ABLED-3
3 yr term to 4/99T ABLED-2
3 yr term to 4/98T ABLED-2
3 yr term to 4/00T ABLED-2
2 yr term to 4/99T ABLED-2
1 yr term to 4/98TABLED-2
1 yr term to 4/98TABLED-3
1 yr term to 4/98 -1
1 yr term to 6/98T ABLED-3
1 yr term to 6/98T ABLED-2
1 yr term to 4/98T ABLED-2
1 yr term to 4/98 -1
2 yr term to 4/98 -1
None of the Commissioners wished to remove any appointments from the table. However,
Mayor Taylor reported that Commissioner Jaskiewicz left three nominations for board
appointments with the City Clerk, Those nominations are for the Education Advisory Board,
Community Relations Board, and Planning & Development Board.
Motion
Vice Mayor Titcomb moved to remove Commissioner Jaskiewicz' Education Advisory Board and
Community Relations Board appointments from the table, Commissioner Bradley seconded the
motion that carried 4-0.
Mayor Taylor announced the following appointments: Stephanie Murrav, as a regular member
of the Education Advisory Board, and Arthur Berman, as a regular member of the Community
Relations Board. Commissioner Jaskiewicz further moved James Reed from an alternate
position to a regular position on the Planning & Development Board.
Motion
Vice Mayor Titcomb moved approval of the appointments. Commissioner Bradley seconded the
motion that carried 4-0.
III. ANNOUNCEMENTS & PRESENTATIONS:
A, Announcements:
2
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
1, T.N,T, Concert - Oceanfront Park, Friday, January 9, 1998, 5:00 p,m. to
8:00 p.m. - "(stand Vibes" (Reggae)
Mayor Taylor made this announcement.
B. Presentations:
1, Proclamations:
a. "Dr. Martin Luther King, Jr. Day" - January 19, 1997
Mayor Taylor read a Proclamation declaring January 19, 1998 as "Dr, Martin Luther King, Jr,
Day",
b, Commencement of Downtown Redevelopment Project with
Dedication of "Banana Boat Way"
Mayor Taylor read a Proclamation declaring the dedication of "Banana Boat Way", He
presented the Proclamation to a representative of the Banana Boat Restaurant.
IV. CONSENT AGENDA:
A. Minutes:
1. Regular City Commission Meeting Minutes of December 2, 1997
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
1, Approve RFQ for a Medical Director to oversee the Emergency Medical
Services as provided by Fire Rescue/EMTS - RFQ #026-221-98-SP -
One-year contract with option to renew on a yearly basis for an additional
two years with Dr. Joseph Yates, M, D., at a monthly fee of $1,550 plus an
additional $2,200 annually for professional conferences
(Proposed Resolution No. R97-200)
C, Resolutions:
1. Proposed Resolution No, R97 -201 Re: Amending Resolution R97-
186 deleting all reference to "new" job' description for the position of
Recycling Truck Driver
2, Proposed Resolution No, R97-202 Re: Authorizing the Mayor and
City Clerk to execute an independent contractor agreement between the
City of Boynton Beach and Roland C. LaCroix, the Facilities Management
Contract Coordinator
3. Proposed Resolution No. R97 -203 Re: Approving the abandonment
of a 60' wide right-of-way (Located within the High Ridge Commerce Park
,
-'
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
Pl[) and Cedar Ridge PUD Subdivision, and authorizing the Mayor and
City Clerk to execute a disclaimer for said abandonment and requiring
disclaimer be recorded in the Public Records of Palm Beach County
4. Proposed Resolution No. R97-204 Re: Accepting as a City street,
the proposed access road from NE 6th Street into property owned by the
Banana Boat Restaurant upon completion of construction of the road by
FOOT in connection with State Project No. 93200-3505, accepting a
quitclaim deed from FOOT upon completion of the access road, and
naming said roadway "Banana Boat Way"
O. Ratification of Planning & Development Board Action:
1. New Site Plan for Alhambra North
(Application Denied by Planning & Development Board on August 26,
1997) ......,............ POSTPONED TO 12/16 CITY COMMISSION
MEETING
Upon recommendation of the City Attorney, Item D.1 was deleted from the agenda, See
discussion under Item 1.0,1.
2. Via Lugano - Melear PUD - Variance from the City of Boynton Beach
Land Development Regulations, Chapter 21, Article IV, Section 1.0 -
signs allowed, to allow the height of a monument Sign to be increased
from the maximum of 6' to 8' 1 n
Item 0.2 was removed from the Consent Agenda for discussion by Commissioner Bradley,
3, Via Lugano - Melear PUD - Variance from the City of Boynton Beach
Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for
construction of 5' high decorative fence and column sections within the
40' front yard setback at a setback of 23' 11 n
Item 0.3 was removed from the Consent Agenda for discussion by Commissioner Bradley.
4. Harry Woodworth - Request for variance from the City of Boynton Beach
Land Development Regulations, Chapter 2 - Zoning, Section 4,J.1 -
Fence Height, which restricts fence heights to 6' for fences located within
the required setbacks of residential properties to allow a 4' high fence on
a 3' 6" retaining wall
5. Via Lugano - Melear PUD - Site plan approval to construct 13 apartment
buildings containing 364 dwelling units, clubhouse, office, recreation
facilities, and associated parking for 767 spaces on 12.58 acres of land
Item 0.5 was removed from the Consent Agenda for discussion by Commissioner Bradley.
E. Approve Change Order #2 for Mangrove Park for Construction Technology for
changes in fencing to make the park safer, additional curbing to control street
4
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
drainage runoff, four additional car stops against the landscaped areas, deletion
of one bench and additional walkway necessary for the completion of the project,
in the amount of $8,200
F. Authorization to advertise a Request for Proposal (RFP) for Lead Hazard
Abatement for the City of Boynton Beach Police Department Pistol Range
located at 3501 North Congress Avenue.
Item F was removed from the Consent Agenda for discussion by Mayor Taylor.
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items 0.1,
D. 2,0,3, D.5, and Item F, Vice Mayor Titcomb seconded the motion that carried 4-0,
Items for discussion:
0.2. Via Lugano - Melear PUD - Variance from the City of Boynton
Beach Land Development Regulations, Chapter 21, Article IV,
Section 1.D - signs allowed, to allow the height of a monument
sign to be increased from the maximum of 6' to 8' 1 n
D.3. Via Lugano - Melear PUD - Variance from the City of Boynton
Beach Land Development Regulations, Chapter 2 - Section 4,J.1,
to allow for construction of 5' high decorative fence and column
sections within the 40' front yard setback at a setback of 23' 11"
D.5. Via Lugano - Melear PUD - Site plan approval to construct 13
apartment buildings containing 364 dwelling units, clubhouse,
office, recreation facilities, and associated parking for 767 spaces
on 12.58 acres of land
Commissioner Bradley expressed concern about the variance the Planning & Development
Board granted to allow the maximum height of the monument sign for Via Lugano to be
increased from 6' to 8' 1 n when that Board is only permitted to grant a variance for 25% over the
amount allowed. He is fearful we are not following the protocol in our Land Development
Regulations.
Tambri Heyden, Planning & Zoning Director, explained that there was a great deal of discussion
during the board meeting about this project and these variances, and the developer made many
comments in response. Some of the units in this project are two stories, and others are three
stories high. The developer feels it is necessary to have higher scale appurtenances and
amenities to compliment this higher scale project. The developer also feels this higher scale
translates to a higher dollar value he can command for his apartments.
The Planning & Development Board members' comments somewhat mirror Commissioner
Bradley's remarks, Some of the board members did not feel the height of the sign would offer
more success in renting these units.
5
MEETtNG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
The developer also req\:1ested a variance for the height of the fence along Congress Avenue.
There were comments made about the 20' height of the unmanned guardhouse that is 20'
setback into the project. Everything about this project is large; however, it fits together in a large
scale.
Staff included a reminder to the Board members in staff comments that only certain degrees of
size variance and height variances can be granted by the Board. That protection would limit this
sign height to 7' 6".
Rob Cottier of Cottier & Hearina. was present on behalf of the applicant. He advised that Don
Hearing had another meeting to attend. He was expected to arrive at any time. He requested
delaying approval of these items until Mr. Hearing arrived if a detailed discussion was required,
He explained that the applicant was aware of the fact that the Board could only act on 25% of
the allowable height. The applicant agreed to a height of 7' 6" during the Planning &
Development Board meeting, The applicant feels this height is necessary because there is a
utility easement along the front of the property that limits everything 20' from the right-of-way.
The fence sections will be approximately 22' from the right of way, and the signs (because they
are at a 45-degree angle) will be approximately 25' to 30' from the right-of-way. This project has
large buildings and the developer wishes to make a large statement In addition, rental projects
"live and die" by their signage.
Mayor Taylor confirmed with Mr. Cottier that the applicant is willing to accept a sign height of 7'
6".
Commissioner Bradley feels the tastefulness of the sign is more important than the size of the
sign, Other projects along Congress Avenue are also within the same setback range and their
signs are smaller. He feels this project will look too big.
Mr. Cottier displayed a drawing and pointed out that the signs step up on each side. The sign
will be of cast stone, and only one portion of it is higher than the height restriction. Scaling it
down will result in the letters being reduced to a size that cannot be read from the roadway.
The sign letters are within the Sign Code. .
Commissioner Bradley feels the size is larger than it should be and it will look out of place. He
will vote against this request.
Mayor Taylor requested that the record reflect that if the Commission approves this request, it
will be for a height of 7' 6" and not 8' 1" as indicated on the agenda.
Motion
Vice Mayor Titcomb moved to approve Items 0.2, 0.3, and 0.5. Commissioner Tillman
seconded the motion that carried 3-1. (Commissioner Bradley dissented.)
()
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
Item for discussion:
F. Authorization to advertise a Reauest for Proposal (RFP) for Lead Hazard
Abatement for the City of Boynton Beach Police Department Pistol Range
located at 3501 North Congress Avenue,
Mayor Taylor confirmed with the City Manager that if the Commission approves this item, it is
only providing approval to go out for an RFP.
Mayor Taylor expressed concern about the amount of money involved and questioned whether
this is the only way to correct the situation. He asked for input on whether other organizations
use our pistol range, and whether or not they can contribute to help offset the cost of the
cleanup.
Wilfred Hawkins, Assistant to the City Manager, advised that others use this facility. Mr.
Hawkins explained that if approval is granted to clean up this pistol range and we continue to
use it, we should consider charging for the use of the range. This pistol range is one of the few
modem indoor ranges in the area, and it is popular among federal and local officials. There is
no reason for us not to charge for its use in the future. That money could be used toward future
maintenance. Mr, Hawkins advised that Judith Ensor and Dr, Michael Landman are working
with the City on this project. The City will be investigating the use of lead-free bullets that can
be used in the future.
Marshall Gage, Chief of Police, reported that at least three or four other agencies are using the
pistol range on a regular basis, They have not been charged for that usage. We anticipate
modifying this in the future. He does not believe we will be successful in soliciting their help to
clean up the range. In the future, however, they will understand that there are ongoing
maintenance costs that will have to be shared by any agency wanting to share the facility. He
does not anticipate a problem in that regard,
We will also look at an aggressive and regular maintenance program that will preclude anything
like this happening again, This situation elevated because we did not maintain it from the
beginning. Some of the filtration systems that were in place were not optimal. In addition, we
will be looking at the use of bullets that are lead-free or do not have the high level of lead. Chief
Gage assured the Commissioners that the employees have been tested and they are fine and
healthy,
Judith Ensor advised that we can prevent this from happening again in the future by having a
maintenance contract with a certified lead professionals to monitor and make sure the range is
cleaned correctly, This maintenance will be done on a monthly, bi-monthly or quarterly basis,
depending on the amount of activity at the facility.
Mayor Taylor realized that a maintenance contract would be necessary that would require
additional expense.
Ms, Ensor anticipates there will be a large number of companies bidding on this project.
7
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 5, 1997
Motion
Vice Mayor Titcomb moved to approve the minutes of the July 15, 1997 meeting as
submitted. Commissioner Jaskiewicz seconded the motion, which carried unanimously,
2. City Commission Workshop Meeting Minutes of July 16, 1991
Motion
Commissioner Bradley moved to approve the minutes of the July 16, 1997 meeting as
submitted, Vice Mayor Titcomb seconded the motion, which carried unanimously,
3, City Commission Workshop Meeting Minutes of July 25, 1997
Motion
Commissioner Jaskiewicz moved to approve the minutes of the July 25, 1997 meeting
as submitted. Commissioner Tillman seconded the motion, which carried unanimously.
Commissioner Bradley pulled Item 11 from the Consent Agenda, and Mayor Taylor
pulled Item 1.
B. Bids - recommend Approval - All expenditures are approved in the
1996-97 Adopted Budget
1. Award Annual contract for BackFlow Prevention Device
Inspect & Test Services to Thomason Plumbing, Inc. of Boca
Raton, Florida, and Zager Plumbing, Inc. of Deerfield Beach,
Florida.
The Tabulation Committee recommended splitting this bid between the above-named
companies because they tied with low bids for our most commonly sized units. These
bids were the lowest, most responsive, responsible bidders who met all specifications,
C. Resolutions
1, Proposed Resolution No. R97-118 Re: Accept Letter of Credit
from Huntington Banks for the water improvements to serve Cooker
Restaurant and Grille
5
in the master plan designation of lots 63 and 64 from
office/commercial to office/industrial/commercial use; change in the
master plan designation of lot 90A from research and development
to government and institutional use; change in the master plan
designation of lots 68A and 68B from research and development to
office/industrial/commercial use; change in the master plan
designation of lots 56, 57, 69, 70, 72. 73A. 73B, 74 and 75 from
industrial to office/industrial/commercial use; change in the master
plan designation of lots 46A, 48A, 48B, 48C, 50A, SOB, 51 Band 51 D
from industrial to office/industrial use; change in the master plan
designation of lots 76, 77, 78 and 79 from industrial/commercial to
commercial use; and change in the master plan designation of lot 80
from office to commercial use.
VIII. BIDS
IX. DEVELOPMENT PLANS:
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION~
E. PROJECT:
AGENT:
DESCRIPTION:
X. NEW BUSINESS:
Tara Oaks
Susan Prillaman, Pulte Home Corporation
Tara Oaks Development Corporation, Bill Winchester, President
Northeast corner of Woolbright Road and Knuth Road extended
TIME EXTENSION - Request for a one year site plan time extension
to expire February 18, 1998
Cooker Bar & Grille Restaurant
David A. Donaldson
Cooker Restaurant Corporation
1333 North Congress Avenue (west side of Congress Avenue, south
of the Boynton C-16 Canal)
SITE PLANS - Request for site plan approval to construct a 7,888
square foot restaurant and associated parking on 1.68 acres of land.
Lakeside Church
Donald E. Bryan, Bryan & Associates
Lakeside Christian Church
South side of Old Boynton Road, approximately 258 feet west of the
intersection of Knuth Road and Old Boynton Road
SITE PLANS - Request for site plan approval to construct an 8,939
square foot church for 284 seats (main sanctuary) on 1.25 acres of
land.
Sun Sentinel Distribution Facility at Quantum Park PID
Malcolm Butters, Butters Construction and Development, Inc.
Quantum Associates
Southeast corner of Park Ridge Boulevard and Alpha Drive
SITE PLANS - Request for site plan approval to construct a 22,791
square foot distribution facility on 1.52 acres of land (Lot 46A in
Quantum Corporate Park PID).
Automotive service uses in PCDs
Anna Cottrell
CODE REVIEW/LOR TEXT AMENDMENT. Request to amend the
zoning code, to allow automotive services uses in Planned
Commercial Development (PCO) three acres in size or larger.
A. Items for discussion requested by Commissioner Shirley Jaskiewicz
1. Clarification on restructuring of City Boards
4
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1, Proposed, Ordinance No. 097-12 RE: ABOLISHING THE BOARD OF ZONING
APPEALS
2, Proposed Ordinance No. 097-13 RE: ABOLISHING THE COMMUNITY
REDEVELOPMENT ADVISORY BOARD-CENTRAL BUSINESS DISTRICT (CRAB-
CBD)
3. Proposed Ordinance No. 097-14 RE: ABOLISHING the VISIONS 20/20
IMPLEMENTATION TASK FORCE
4. Proposed Ordinance No. 097-15 RE: Providing additional AUTHORITY,
FUNCTIONS, POWERS, AND DUTIES TO THE PLANNING & DEVELOPMENT
BOARD
B. Ordinances - 1 st Reading:
1. Proposed Ordinance No. 097- RE: ABOLISHING the SENIOR ADVISORY
BOARD and reserving sections 2-141 through 2-147 of the Code of Ordinances
2. Proposed Ordinance No. 097- RE: Providing additional DUTIES, POWERS,
AUTHORITY AND FUNCTIONS of the COMMUNITY RELATIONS BOARD
3. Proposed Ordinance No. 097-
ADVISORY BOARD
RE: ABOLISHING the CHILDREN & YOUTH
4. Proposed Ordinance No. 097- RE: Providing additional DUTIES, POWERS,
AUTHORITY AND FUNCTIONS of the EDUCATION ADVISORY BOARD
C. Resolutions
1 . Proposed Resolution No. R97-
ESTATES
RE: Approve FINAL PLAT for CEDAR RIDGE
2. Propoeed Resolution No. R97- RE: ABANDONMENT of 15 foot wide
UNIMPROVED ALLEY in BOWERS PARK SUBDIVISION, Blocks 10, 11 and 12
D. Other
A. Approve payment of COURT JUDGEMENT against the City in the amount of
$75,386.81 to Plaintiff Allen C. Willis
XII. UNFINISHED BUSINESS:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND. FOR SUCH PURPOSE.
HElSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE. WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE. PROGRAM. OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO. (561) 375-
6013 AT LEAST TWENTY.FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
5
"'-~
CI-. ( F BOYNTON J~ACH
APPLICANT TECHNICAL REVIEW COMMITTEE MEETING
AGENDA
DATE: Tuesday, April 8, 1997
TIME: 9:30 AM,
PLACE: Conference Room C, 2nd Floor, West Wing, City Hall
1, Introduction
2. Old Business
None
3. New Business
A LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
None
B. SITE PLANS
New Site Plan
1.
PROJECT:
Cooker Bar & Grille
AGENT:
David A Donaldson
LOCATION:
1333 North Congress Avenue (west of Congress Avenue and south of the
Boynton C-16 Canal
DESCRIPTION:
Request for site plan approval to construct a 7,886 square foot restaurant
and associated parking on 1.68 acres of land.
2.
PROJECT:
Cool Care, Inc,
AGENT:
Alan M. Strassler, R.A
LOCATION:
Western terminus of Thor Drive
DESCRIPTION:
Request for site plan approval to construct a 20,430 square foot
manufacturing building on 4.42 acres of land.
4, Other Business
None
5, Comments by members
6. Adjournment
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please
contact Joyce Costello, (561) 375-6013 at least twenty-four (24) hours prior to the program or activity in order for the City
to reasonably accommodate your request.
MEH:bme
s:ISHARElWP\AGENDASITRCIAPPITRC040B,\l\lPD
ADDENDUM
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-110
TO:
TECHNICAL REVIEW COMMITTEE MEMBERS
Kerry Willis, City Manager
Carel Fisher, Acting Public Works Director
AI Newbold, Acting Development Department Director
Ken Hall, Department of Development
William Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, Utilities Chief Field Insp.
Mike Haag, Planning & Zoning Department
Jerzy Lewicki, Planning & Zoning Department
John Yeend, City Engineer
Tambr; J. Heyden, AICP f;Jl?
Planning & Zoning Director
FROM:
DATE:
March 28, 1997
SUBJECT:
Administration Technical Review Committee Meeting - Tuesday, April 1, 1997,
On April 1 , 1997, a staff-only meeting will be held to discuss the projects below in the 2nd Floor Conference Room,
Room C, West Wing, City Hall at 9:00 A.M. following the scheduled applicant TRC meeting.
1. Old Business
None
2. New Business
A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
Master Plan Modification
1,
PROJECT:
Quantum Park
AGENT:
James G. Willard
Shutts and Bowen LLP
LOCATION:
West side of the intersection of Interstate 95 and Gateway
Boulevard.
DESCRIPTION:
Request to amend the previously approved PID master plan in
connection with an amendment to the DRI to simplify and provide
flexibility to the approved land use designations for remaining lots
within Quantum Park,
NOTE:
Written comments are due to the Planning and Zoning
Director no later than 5:00 P.M. Friday, April 4, 1997.
B. SITE PLANS
New Site Plan
1.
PROJECT:
Cooker Bar & Grille
AGENT:
David A. Donaldson
LOCATION:
1333 North Congress Avenue (west of Congress Avenue and south
of the Boynton C-16 Canal
DESCRIPTION:
Request for site plan approval to construct a 7,886 square foot
restaurant and associated parking on 1.68 acres of land.
Page 2
Addendum to Administrative TRC Agenda
April 1, 1997
2.
PROJECT:
Cool Care, Inc.
AGENT:
Alan M, Strassler, R.A.
LOCATION:
Western terminus of Thor Drive
DESCRIPTION:
Request for site plan approval to construct a 20,430 square foot
manufacturing building on 4.42 acres of land.
NOTE:
Written comments are due to the Planning and Zoning
Director no later than 5:00 P.M. Friday, April 10, 1997.
4. Other Business
A.
Review and comments on acquisition of an access road to Banana Boat in connection with
the Ocean Avenue bridge project. Find attached Department of Development Memorandum
No. 97-048 for back-up information. All inquiries/comments should be directed to the
Department of Development.
B.
S.W. 8th Street landscaping and irrigation permit plan review for medians and right-of-way,
All inquiries/comments should be directed to Ken Hall, Department of Development.
5. Comments by members
6. Adjournment
Attachment
d:lagendaladmladden401,wpd
.
....;. ~.t \.
"
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-109
FROM:
Kerry Willis, City Manager
Clyde "Skip" Milor, Utilities Dept. Chief Field Insp.
Carel Fisher, Acting Public Works Director
John Wildner, Parks Superintendent
Bill Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
AI Newbold, Acting Development Department Director
Ken Hall, Development Department
John Yeend, City Engineer
Kevin Hallahan, Forester/Environmentalist
-=r;::::::; / ,
Tambri J. Heyden, AICP ~
Planning & Zoning Director
TO:
DATE:
March 19, 1997
RE:
SITE PLAN REVIEW PROCEDURES
1 st Review - New Site Plan
Project - Cooker Bar & Grill
Location - 1333 North Congress Avenue
Agent - David A. Donaldson
File No. - NWSP 97-007
Find attached for your review the plans and exhibits for the above-referenced project. Site Plan
Review approval for this project will be granted by the City Commission. To ensure that the
project stays on line with the review time frame, I request that the plans and exhibits be
reviewed and formal written comments transmitted to the Director of the Planning and
Zoning Department no later than 5:00 P.M. on March 31. 1997. The comments shall be
separated into two categories. The first category comments with code sections
referenced and the second category references recommendations that you believe will
enhance the project.
If you believe the plans are substantially complete with regards to code compliance and
that your outstanding comments and/or recommendations may be addressed at time of
permit review rather than requiring the applicant to prepare amended plans for a 2nd
submittal indicate in your 1st review written comments that you recommend the project
proceed to the Planning and Development Board and City Commission for approval. If
you recommend the project move forward for approval with one review, please attach the
1st review plans to your written comments, with the exception of the Development
Department which may retain the plans as the control plans for the project.
Adhering to the following review guidelines will promote a comprehensive review and enable
the applicant to efficiently obtain Technical Review Committee approval:
1. Use the review standards specified in Part III, Land Development Regulations, Chapter
4, Site Plan Review, Section 8 of the Code of Ordinances to review and formulate
comments.
2. The documents submitted for the project were determined to be substantially complete
based on the submittal requirements identified in Section 7 of the Site Plan Review
Ordinance. However, if the data provided to meet the submittal requirements is
insufficient to properly evaluate and process the project based on the review standards
Page 2 of 2
Cooker Bar & Grill
To: TRC Members
Re: Planning & Zoning Memo 97-109
or the documents show code deficiencies, additional data and/or corrections should be
requested by the reviewer through the Planning and Zoning Department.
3. Each comment shall reference the section of the code that is incorrectly depicted on the
documents.
4. Technical Review Committee member(s) shall identify in their comments when the plans
depict or when the location and installation of their departmental required improvements
may conflict with other departmental improvements.
5. When a TRC Member finds a code deficiency that is outside of his/her review
responsibility, the comment and the specific code section may be included in their review
comments with the name of the appropriate TRC Member that is responsible for the review
specified.
6. If a TRC member finds the plans acceptable, he/she shall forward a memo, within the time
frame stated above, to the Planning and Zoning Director stating that the plans are
approved and they do not have any comments on the plans submitted for review and
recommend the project be forwarded through the approval process.
All comments shall be typed, addressed and transmitted to the Director of the Planning and
Zoning Department for distribution to the applicant. Please include the name and phone number
of the reviewer on this memo. Jerzy Lewicki will be the Planning and Zoning Department staff
member coordinating the review of the project.
The Planning and Zoning Department will send the applicant a cover letter which includes the
comment(s) and directions to amend the plans to comply with the comments and the procedures
for resubmission. When the Planning and Zoning Department receives the amended plans, they
will distribute the plans with a cover memo to all TRC Members for review and approval.
T JH:bme
Attachment
XC: (Memo Only)
Jim Ness, Acting Fire Chief
Charlie Frederick, Recreation & Parks Director
Marshall Gage, Police Chief
John Guidry, Utilities Director
Central File
d:\projects\cooker\nwsp\ 1 streview,wpd